Colloquio su Scienza giuridica e Teoria della conoscenza. Intervista al Prof. Günther Winkler (Vienna, 28 dicembre 2017)

The interview retraces the steps of Gunther Winkler’s legal thought, starting from its relationship with Hans Kelsen’s theory, of which Winkler himself stands as one of the more established scholars. The Author agrees with the kelsenian goal of an avalutative juridic science – a key idea in methodological positivism – that would describe law as it is rather than as it ought to be. However the means to this end are of a different kind from Kelsen’s ones: notably, they diverge in the categorical distinction of Sein and Sollen, and in the conception of interpretation as a positive law-independent operation. Winkler advances an empirical-rational, space and time-related concept of law, into which interpretation works as a tool for recollecting the given content of norms, in a sound and epistemically correct way.